Complaints \\\"Red Soft \\\" and \\\"\\\" on billion purchase of the Ministry of Emergency Situations considered Akvarius unreasonable

History

Recognition of FAS of complaints unreasonable

The Federal Antimonopoly Service recognized unreasonable the complaint of Aquarius production company to the held tender for delivery of personal computers to subordinated organization Ministry of Emergency Situations. The corresponding solution posted on the website of state procurements was accepted FAS on May 28, 2020.

The complaint of Aquarius was sent to FAS on May 25, 2020. Department considered it on May 28, 2020. In the complaint the company noted that the subveda of the Ministry of Emergency Situations to subject to purchase, in addition to stay in the register of radio-electronic products, compliance OKPD2 26.20.14.000 - "The electronic computers digital was one of requirements deliverable in the form of systems for automatic data processing".

However the winner of the tender, the Tegrus company, offered I will bring the Ministry of Emergency Situations the computer equipment of the iRU trademark of a proizvodtstvo Business office. At the same time any of three positions with the computer equipment of this producer which are contained in the register of the Russian radio-electronic products had no Ministry of Emergency Situations OKPD2 26.20.14.000 required within purchase a subpermission, claimed in the complaint of Aquarius.

Thus, according to Aquarius, offering the computer equipment of Business Office producer under the iRU trademark, the Tegrus company submitted the application containing false information on stay in the register of the Russian radio-electronic products which are required a subpermission of the Ministry of Emergency Situations.

During consideration of the complaint of Aquarius the commission of Federal Antimonopoly Service on control in the field of purchases came to a conclusion that the Tegrus company in the application for participation gave information about "a personal computer of iRU of Disgraces 513 MT" with the technical characteristics conforming to requirements of tender documentation. At the same time, according to the commission, the company specified also number of entry of this equipment in the unified register of radio-electronic products on the basis of what the auction commission and made the decision on compliance of the request "Tegrus" of procurement documentation and to the law on a contract system.

Thus, the Commission of FAS came to a conclusion that actions of the auction commission which made the decision on recognition of the request of Tegrus company of the auction documentation conforming to requirements and the law on a contract system do not contradict provisions of this regulatory legal act. At the same time, on commission session the Aquarius company did not produce the evidence confirming the return, said in the FAS decision.

The Commission of FAS came to a conclusion that actions of the auction commission which decided to recognize the request of Tegrus company of the auction documentation conforming to requirements and the law on a contract system do not contradict provisions of this regulatory legal act. (the photo is pbs.twimg.com)

Earlier the Federal Antimonopoly Service recognized unreasonable one more complaint to the held tender for delivery of personal computers to subordinated organization Ministry of Emergency Situations - from Red Soft Center company. This complaint arrived to Management of FAS across the Moscow region on May 14. In it the company claimed that during the tender of the subveda the Ministry of Emergency Situations changed both required characteristics of the operating system, and requirement to the preset independent packet of office software. Besides, the subveda the Ministry of Emergency Situations changed also subject to purchase.

"Red Soft the Center" made the designated claim earlier I will bring the Ministry of Emergency Situations in the complaint to carrying out one more tender - on delivery of notebooks. It was sent to FAS on May 12, 2020 (in more detail about this complaint - in the block below). However in the complaint to the tender for delivery of the Red Soft Center PC showed I will bring the Ministry of Emergency Situations and additional claims (see in the block below).

In the solution concerning the complaint "Red Soft" on the tender for delivery of the PC I will bring the Center the Ministry of Emergency Situations accepted on May 25, the commission of the Moscow regional OFAS of Russia in the field of purchases of goods, works, services for ensuring the state and municipal needs comments on claims of the company as follows.

Telling about changes required a subpermission of the Ministry of Emergency Situations of characteristics of the operating system which Red Soft declares "the Center", FAS notes that organization designated in auction documentation of the requirement to goods taking into account own requirements and proceeding from specifics of the performed type of activity.

At the same time, the specified characteristics of goods are not independent subject to purchase, and enter the list of characteristics of goods necessary for subordinated organization Ministry of Emergency Situations. Thus, the specified actions of the organization do not mislead procurement participants and do not contradict provisions of the law on a contract system, - FAS states.

Department also does not agree that as a result of the explanations made on requests "Red Soft the Center" of the subveda of the Ministry of Emergency Situations changed requirements to the preset independent packet of office software and also subject to purchase in such a way that the essence of the most auction documentation izmenenitsya.

FAS states that the specified explanations of provisions of the auction documentation are placed in the terms regulated by the law on a contract system and do not change an essence of the auction documentation, said in the decision of department.

Concerning absence in auction documentation of requirements to power efficiency FAS notes that he of the subveda of the Ministry of Emergency Situations during consideration of the complaint by department gave explanations according to which in the draft contract it is said that "the goods should meet quality requirements, security and other requirements imposed by the legislation of the Russian Federation and terms of the contract".

The commission comes to a conclusion that actions of the customer regarding establishment of the above-stated provisions of documentation do not contradict the provisions of the law about a contract system, said in the FAS decision.

Also department came to a conclusion that the requirements to color of the monitor set in technical specifications the subveda of the Ministry of Emergency Situations do not contradict provisions of the law on a contract system.

Concerning the fact that the monitor, the keyboard and a mouse cannot be delivered within purchase I will lead the Ministry of Emergency Situations together with personal computers as are absent in the register of the Russian radio-electronic products, FAS notes that this register contains position No. 26.20.14.000 – "Electronic computers digital, deliverable in the form of systems for automatic data processing". Based on it, department states that the requirements to the monitor, the system unit, the keyboard, and a mouse set in technical specifications the subveda of the Ministry of Emergency Situations do not contradict provisions of the law on a contract system.

In the solution concerning claims "Red Soft the Center" I will bring the Ministry of Emergency Situations to the tender for delivery of notebooks the commission of the Moscow regional OFAS of Russia gives the same arguments, as concerning similar claims from the complaint of the company to delivery to PC organization.

Complaint of Aquarius

The Aquarius company complained FULL FACE of the held tender for delivery of personal computers to subordinated organization Ministry of Emergency Situations - the Central base of the measuring equipment - with the starting maximum price of contracts of 992.4 million rubles of No. of 0348100046520000137^[1]. The complaint was directed on May 25, 2020. Its consideration had to take place on May 28, 2020. However as of June 1, 2020 results of consideration on the website of state procurements are not published.

Addressed to antimonopoly service "Aquarius" for the following reason. The customer within the tender bought personal computers. Were included in the package of each of them: system unit, monitor, keyboard and mouse. To subject to purchase of the subveda of the Ministry of Emergency Situations set the requirement of compliance OKPD2 26.20.14.000 - "Electronic computers digital, deliverable in the form of systems for automatic data processing". However the winner of the tender, Tegrus company, is not engaged in productive activity as such, and data on this company in the register of the Russian radio-electronic products are absent, follows from the complaint of the company.

Analyzing information from open sources, including the website of Tegrus company, it is possible to assume that the Tegrus company offered the equipment of the Business Office producer which is releasing including, the computer equipment under the iRU trademark, - Aquarius states.

However at the register of the Russian radio-electronic products there are only 3 positions with the computer equipment of Business Office producer. As notes Aquarius, the speech about the following positions:

• RE-686/20, 26.20.13.000, "Portable electronic computer Monoblock of the iRU trademark of Agathe";
• RE-687/20 26.20.15.000 "Personal electronic computer of the Disgraces trademark "iRU"";
• RE-385/19 26.20.11 "Personal portable computer".

Any of these positions does not belong to OKPD2 26.20.14.000 code. Thus, are sure of Akvariusa, offering products of Business Office producer, including under the iRU trademark, Tegrus submits the application containing false information concerning existence of the entry in the register of the Russian radio-electronic products which is required a subpermission of the Ministry of Emergency Situations.

Offering products of Business Office producer, including under the iRU trademark, Tegrus submits the application containing false information concerning existence of the entry in the register of the Russian radio-electronic products which is required a subpermission of the Ministry of Emergency Situations, Aquarius states. (the photo is pbs.twimg.com)

Such request is subject to a deviation according to the rules set by the order of the Government of the Russian Federation which provides finding of a subject to purchase in the register of the Russian radio-electronic products.

Thus, we consider that the Central base of the measuring equipment of the Ministry of Emergency Situations did not take all necessary measures for check of reliability of the data specified in requests of participants zakupk and violated the holding the auction conditions set to Article 14, Article 69 44-FZ, having allowed to participation in purchase of the participant who submitted false information, - Aquarius states.

With respect thereto the company asks Commission of FAS about:

• to unscheduled inspection of actions of unified commission of the Central base of the measuring equipment of the Ministry of Emergency Situations;
• to verification of the request of Tegrus company for existence of unreliable information;
• to issue I will bring the Ministry of Emergency Situations of the instruction, obligatory for execution, about elimination of violations of the law in case of confirmation of this fact.

Earlier, in the middle of June, 2020, on this tender the complaint from Red Software Center company already arrived. After its giving FAS was stopped by signing of the contract with Tegrus. Consideration of the complaint Red Software Center took place on May 20, 2020 according to the results of which it was recognized by FAS unreasonable.

The Ministry of Emergency Situations distributed 1 billion rubles within tenders for delivery of personal computers and notebooks

The central base of the measuring equipment of the Ministry of Emergency Situations defined winners of two tenders – on delivery of 16,819 personal^[2][3]. Organization declared the winner of the first on May 20, 2020. The Tegrus company became it. The winner of the tender for delivery of notebooks became known on May 18, 2020. The 123 Solutions company became it.

However the conclusion subordinated organization Ministry of Emergency Situations of contracts with finalists of both tenders is suspended by Office of the Federal Antimonopoly Service (FAS) in the Moscow region in connection with complaints to both tenders from Red Soft Center company (see details of complaints in the block below). In spite of the fact that consideration of the complaint to purchase execution of notebooks was appointed to May 18, 2020, and to carrying out the tender for delivery of computers on May 20, 2020, results of both procedures on the website of state procurements as of May 22, 2020 is not published. Besides, all of them still have the status of consideration.

With the winner of competition on delivery of 16,819 personal computers, Tegrus company, the subveda the Ministry of Emergency Situations is going to sign the contract for the amount of 868.4 million rubles. (pbs.twimg.com)

With Tegrus of the subveda of the Ministry of Emergency Situations is going to sign the contract for the amount of 868.4 million rubles. During the tender the company reduced the maximum cost of the contract for 124 million rubles. The second number was assigned "to Akvarius. With it signing of the contract for the amount of 952.7 million rubles is possible.

Also the Depo electronics company participated in tender. Also the Elko Rus company submitted the application for participation, but was not allowed to the tender as its request meant "offers on delivery of the radio-electronic products included in the list, coming from the foreign states".

The planned contract amount the subveda of the Ministry of Emergency Situations with the finalist of the second tender, 123 Solutions company, is 47.9 million rubles. It less initial cost of tender for 19.1 million rubles. The second follows it the Buzzing of IT company which suggested to sign the contract for the amount of 48 million rubles.

Also such companies as Integrator, Haytek, Ecosystem and "Kirin Anton Igorevich" were participants of tender.

Suspension of FAS of the second tender

The Office of the Federal Antimonopoly Service (FAS) in the Moscow region suspended signing of the contract of the Ministry of Emergency Situations according to the results of the held tender for delivery of personal computers to communications by the complaint "Red Soft the Center". It is reported on the website of state procurements.

Purchase of 16,819 personal computers was announced on April 13, 2020 by subordinated organization Ministry of Emergency Situations – the Central base of measuring^[4]. The maximum price of the tender was 992.4 million rubles. During trading it was lowered to 868.4 million rubles. Requests from 4 participants were considered. Information on what companies participated, on the portal of state procurements did not appear at the time of the publication of this material.

The complaint to carrying out the tender from "Red Soft the Center" arrived to Management of FAS across the Moscow region on May 14. Department will consider it on May 20. The company asks antimonopoly department to suspend signing of the contract with the winner before consideration of the complaint in essence. Also the organization asks to issue to the customer the instruction about elimination of violations of provisions of the law on a contract system which, according to her, take place.

When subject to purchase are five different devices, different procurement procedures as separate positions are entered in the register of the equipment manufactured in the Russian Federation should be carried out and cannot be delivered together with others, Red Soft the Center" says in the complaint ". (photo of -cdn.iz.ru)

In the complaint "Red Soft the Center notes that initially the technical specifications of organization contained the requirement about delivery of the PC with the certified operating system (OS). However after making changes in documentation the requirement to delivery of personal computers with the certified operating system disappeared from auction documentation.

At the same time the customer, creating the starting maximum price of the contract (SMPC), made requests with the application of technical specifications which comprised requirements to delivery of certified OS – that, in turn, affected the purchase NMTsK level as costs of suppliers for delivery of the certified and not certified system differ significantly, - Red Soft informs "the Center.

Having excluded the requirement from technical specifications the requirement about "certification" of OS of the subveda of the Ministry of Emergency Situations significantly changed characteristics of a subject to purchase that considerably changes NMTsK of purchase towards reduction, leads to unreasonable wastes of budgetary funds, and also breaks the law on a contract system, - Red Soft says "the Center".

Besides, initially technical specifications meant delivery "independent software of the "office suite" included in the unified register of domestic software. Organization replaced it with "delivery of a packet of office software which is a part of the preset operating system", Red Soft notes "the Center", adding that, thus the customer again significantly changed characteristics of a subject to purchase.

As a result organization changed characteristic and the operating system, and the requirement to the preset independent packet of office software, the company summarizes.

Also "Red Soft the Center" pays attention that subveda the Ministry of Emergency Situations changed also subject to purchase. Initially like that "personal computers (hardware)", "the material carrier containing a distribution kit of the certified operating system including the form and operational documentation" and "the independent preset packet of office software included in the register of domestic software appeared. But then subject to purchase of steel "personal computers (hardware)", "the preset not certified operating system with a packet of office software which is the part of the preset operating system" included in the register of the Russian software.

"Red Soft the Center" made the designated claim earlier I will bring the Ministry of Emergency Situations in the complaint to carrying out one more tender - on delivery of notebooks. It was sent to FAS on May 12, 2020 (in more detail about this complaint - in the block below). However in the complaint to the tender for delivery of the PC "Red Soft shows the Center I will bring the Ministry of Emergency Situations and additional claims.

So, the company notes that a purchase product code - "26.20.14.000 - electronic computers digital, deliverable in the form of systems for automatic data processing" - are included in the inventory concerning which requirements of power efficiency are established. However auction documentation does not contain such requirements. According to authors of the complaint, it violates rules of establishment of requirements of power efficiency of goods, works, services on state procurements.

Also in technical specifications there is no justification of such additional necessary characteristic of a subject to purchase as "color of the monitor". It violates the order of the Government of the Russian Federation "About the Approval of Rules of Formation and Maintaining in the Unified Information System in the field of Purchases of the Directory of Goods, Works, Services for Ensuring the State and Municipal Needs and Rules of Use of the Directory of Goods, Works, Services for Ensuring the State and Municipal Needs" and also law N 44-FZ, Red Soft says "the Center".

Besides, "Red Soft the Center" pays attention that in documentation of an auction subject to purchase is "delivery of personal computers", and at the same time separately, but not as a part of the automated workplace (AW), such goods as the monitor, the system unit, the keyboard, a mouse are described.

In case of supply of equipment by one position (automated workplace) requirements are imposed to the uniform device, the company explains. And when subject to purchase are five different devices, different procurement procedures as separate positions are entered in the register of the equipment manufactured in the Russian Federation should be carried out and cannot be delivered together with others. Joint delivery violates order of the Government of the Russian Federation N 878 "About measures of production incentive of radio-electronic products in the territory of the Russian Federation at implementation of state procurements.

In addition, such positions of purchase as the monitor, the keyboard and a mouse are absent in the register of the Russian radio-electronic products. They cannot be delivered together with personal computers as, according to documentation of the tender, subject to purchase should correspond to government decree N 878. It means finding of an object of state procurement in the register of the Russian radio-electronic products, specify in "Red Soft the Center".

Suspension of FAS of one of tenders

The Office of the Federal Antimonopoly Service (FAS) in the Moscow region suspended signing of the contract of the Ministry of Emergency Situations on delivery of notebooks according to the results of the held tender in communication by the complaint "Red Soft the Center". It is reported on the website of state procurements.

Purchase of 1052 notebooks was announced on April 6, 2020 by subordinated organization Ministry of Emergency Situations – the Central base of measuring^[5]. Summing up took place on May 12, 2020. The initial cost of purchase was 67 million rubles. During the tender it was lowered to 48 million rubles. Requests from 6 participants were considered. Information on what companies participated, on the portal of state procurements is not published at the time of the publication of this material.

The complaint to carrying out the tender "Red Soft the Center" arrived to Management of FAS across the Moscow region on May 12. Department will consider it on May 18, 2020. The company asks antimonopoly department to suspend signing of the contract with the winner before consideration of the complaint in essence. Also the organization asks to issue to the customer the instruction about elimination of violations of provisions of the law on a contract system which, according to her, take place.

In the complaint "Red Soft the Center" notes that initially the technical specifications (TS) the subveda of the Ministry of Emergency Situations contained the requirement of certification of the operating system (OS) of notebooks. Also it contained the requirement of "compatibility of the certified operating system" with "the information security tools (IST) from unauthorized access of Dallas Lock". This requirement was excessive, consider in "Red Soft the Center" as the certified OS already incorporates similar to the information security facility. The company reported about it to the customer. However instead of excluding the specified requirement from terms of reference, organization deleted from it the requirement of "certification" of OS. Thus, after introduction of these changes in terms of reference, purchase began to allow delivery of notebooks from not certified OS.

At the same time the customer, creating the starting maximum price of the contract (SMPC) of purchase, made requests with the terms of reference application which comprised requirements to delivery of certified OS. It, in turn, affected the purchase NMTsK level as costs of suppliers for delivery of the certified and not certified system differ significantly, - Red Soft the Center" in the complaint pays attention ".

Having excluded not the requirement about compatibility of the certified operating system with "Information security facility Dallas Lock", but "certification" of OS from technical specifications, the subveda of the Ministry of Emergency Situations significantly changed characteristics of a subject to purchase, believe in the companies.

Having excluded not the requirement about compatibility of the certified operating system with "Information security facility Dallas Lock", but "certification" of OS from technical specifications, the subveda of the Ministry of Emergency Situations significantly changed characteristics of a subject to purchase, believe in "Red Soft the Center". (the photo is 23.mchs.gov.ru)

It essentially changes its NMTsK towards reduction, leads to unreasonable wastes of budgetary funds, and also breaks the law on a contract system, - Red Soft the Center" notes in the complaint ".

Also the company tells about replacement a subpermission of the Ministry of Emergency Situations of delivery of "independent software of the office suite included in the register of domestic software", on "delivery of a packet of office software which is the part of the preset operating system" included in the unified register of the Russian programs.

Thus, the subveda of the Ministry of Emergency Situations changed characteristics of both the operating system, and the requirement to the preset independent software to a packet of office software, - Red Soft the Center" says in the complaint ".

Authors of the complaint consider that such actions the subveda of the Ministry of Emergency Situations break the law "About a Contract System" and led to change of an essence of auction documentation and characteristics of a subject to purchase.

Also the company pays attention that after explanations and making changes the customer changed also subject to purchase. Organization designated by like that "the notebook (hardware)", "the preset not certified operating system with a packet of office software which is a part of the preset operating system included in the unified register of the Russian programs for electronic computers and databases".

Initially "the notebook (hardware)", "the material carrier containing a distribution kit of the certified operating system including the form and operational documentation", "the independent preset packet of office software included in the unified register of the Russian programs for electronic computers and databases" appeared as subject to purchase at the subveda of the Ministry of Emergency Situations.

Tendering

On April 13, 2020 the Central base of the measuring equipment of the Ministry of Emergency Situations announced the tender for delivery of personal computers with a total cost of 992.4 million rubles of No.^[6]. In anticipation of it, on April 6, 2020, the subveda of the ministry already announced other tender for delivery of notebooks for the amount of 66.7 million rubles^[7]. Thus, department is going to buy the equipment for 1.06 billion rubles.

It is possible to submit the application for participation in both tenders till May 7, 2020. Consideration of requests is planned for May 8, 2020, holding the auction electronically – on May 12, 2020.

Organization expects acquisition of 16,819 computers at the price of 59 thousand rubles for unit. Based on the tender for delivery of notebooks of the Ministry of Emergency Situations wants to purchase 1,052 notebooks for 64 thousand rubles apiece. The prices of contracts include the cost of production of the equipment, its acceptance and periodic tests, transportation costs, a container, packaging, marking, casing, handling works, customs payments, the VAT, other set taxes, charges and payments and also other necessary expenses.

Obrudovaniye is purchased for divisions of the Ministry of Emergency Situations which are engaged in fire-prevention activity and security of people on water bodies and also monitoring of fire safety of subjects to protection, said in the tender documentation of tenders.

Obrudovaniye of the subveda of the Ministry of Emergency Situations purchases for the divisions of department which are engaged in fire-prevention activity and security of people on water bodies and also monitoring of fire safety of subjects to protection. (the photo is Tass)

Computers and notebooks need to be delivered with the preset software which contains in the register of the Russian programs. Required software includes, including, the operating system and the program for work with office documents.

The operating system should be compatible:

• with tools and verifications of the electronic signature (a CIPF of CryptoPro CSP, software of Crypto Pro of TSP Client, software of Crypto Pro of OCSP Client, expansions for the CryptoPRO Browser Plugin browser);
• means of antivirus protection of information (software Antivirus of Kaspersky);
• with information security tools from unauthorized access (software Dallas Lock Linux, Secret Net LSP software);
• with the carriers ensuring functioning with the electronic signature (USB-keys Aladdin eToken Pro/Java; USB keys and smart cards Rutoken (Rutoken) and Rutoken of EDS; USB keys and smart cards JaCarta);
• with the means of cryptographic information protection intended for enciphering of network connections and communication channels (software of ViPNet Client is not lower than version 4.x, software of "Continent-AP").

Amount of RAM of computers and notebooks should be not less than 8 Gigabytes, and processors are manufactured on technical process no more than 14 nanometers. Frequency of the processor of personal computers should be not less than 2.9 Gigahertzes, notebooks - not less than 1.6 Gigahertzes. Complete with computers there have to be monitors, keyboards and mice.

Notes